Cannabis And Hemp Is Moving Fast. Your Legal Strategy Should Too.
THC beverages, hemp-derived products, hemp-derived cannabinoids and cannabis brands operate in one of the most dynamic and legally complex regulatory environments in the country. We help you navigate it.
Talk to a cannabis and hemp attorney at Malkin Law today.
A Rapidly Evolving Space That Demands Experienced Counsel
The legal framework for cannabis and hemp is changing at both the federal and state levels. What’s compliant today can change quickly. Malkin Law, P.A., stays current on the regulations that govern hemp-derived cannabinoids, THC beverages, state licensing requirements and the emerging federal framework so you can build with confidence.
Who We Represent
Cannabis and hemp companies face a level of legal complexity that most industries never encounter. We represent businesses at every stage of the supply chain:
- THC beverage brands: Hemp-derived and cannabis-infused beverages navigating state-by-state legality, FDA and state labeling and distribution.
- Hemp-derived product companies: CBD, minor cannabinoid and hemp extract brands managing federal compliance and retail distribution.
- Producers and manufacturers: Cannabis and hemp producers, co-manufacturers and licensed processors.
- Distributors and retailers: Supply chain participants operating in licensed and emerging cannabis markets.
Wherever your business sits in this industry, we bring direct experience with the legal and commercial challenges specific to your operation.
Legal Services For Cannabis And Hemp
The legal questions cannabis and hemp businesses face require counsel with real, working knowledge of this space. We provide legal services across the areas that matter most to your operation:
- State and federal compliance: Regulatory frameworks for hemp-derived products, THC beverages and state-licensed cannabis operations.
- Licensing: State cannabis license applications, renewals and compliance strategy.
- Commercial agreements: Co-manufacturing, distribution, supply and licensing agreements.
- Trademark and brand protection: IP registration and enforcement in the complex cannabis and hemp trademark landscape.
- Labeling and marketing compliance: State and FDA labeling requirements, health claims and advertising compliance.
- M&A and transactions: Due diligence, acquisitions and investment transactions in the cannabis space.
Every matter we handle reflects our understanding of how cannabis and hemp businesses actually grow and operate.
Florida Cannabis And Hemp Beverage Laws: Navigating The Delta-9 THC Cap
Florida law sets a clear line between legal hemp beverages and illegal marijuana products. Under Fla. Stat. § 581.217, your beverage must not exceed 0.3% Total Delta-9 THC by concentration. This percentage determines everything. Labs calculate it by dividing the total milligrams of Delta-9 THC in your product by the total weight of the product, then converting that number to a percentage. Cross that threshold and your product legally becomes marijuana.
Florida does not cap the total milligrams of THC per can. This matters because beverages weigh more than edibles. A 12-ounce can weighs roughly 340 grams. That weight allows you to include 10 mg or even 20 mg of THC per serving while staying well under the 0.3% limit. This is why Florida’s beverage market looks different from states that enforce strict per serving caps.
That flexibility ends soon. Under upcoming federal statutory revisions, products containing nonnaturally occurring cannabinoids lose hemp status on November 12, 2026, while the strict 0.4 mg total THC per container cap on finished consumable hemp products takes effect on December 11, 2026. This federal cap will override Florida’s current approach and force most beverage brands to reformulate or exit the market.
Florida Legal Penalties For Hemp And Cannabis Beverage Businesses
The Florida Department of Agriculture and Consumer Services (FDACS) enforces hemp regulations aggressively. FDACS can issue immediate stop-sale orders and seize noncompliant products as contraband. In addition to issuing stop-sale orders, FDACS can assess administrative fines of up to $5,000 per violation against noncompliant hemp food establishments. Repeat or serious violations can result in the suspension or revocation of your hemp food establishment permit.
Selling hemp extract products to anyone under 21 is a second-degree misdemeanor for a first offense and escalates to a first-degree misdemeanor (not a third-degree felony) for a second or subsequent violation within one year.
The most serious risk comes from exceeding the 0.3% THC limit. Once your beverage tests hot, Florida law reclassifies it as a Schedule I controlled substance. Because beverages use extracts, distributing products over the limit exposes you to third-degree felony charges for possession and sale of marijuana concentrates. That charge carries up to five years in prison. One bad batch can destroy your business and your freedom.
Frequently Asked Questions About Cannabis And Hemp Beverage
Cannabis and hemp laws raise serious questions for any business entering this space. Below, we answer the ones we hear most.
Do I need a special license to sell hemp-derived THC drinks in Florida?
Yes, the permits you need depend on your role in the supply chain, whether manufacturing, distributing or retailing hemp-derived THC beverages in Florida. Hemp-derived products may be legal under the 2018 Farm Bill, but intoxicating cannabinoids face ongoing federal regulatory uncertainty. That legal status does not exempt your business from local regulatory requirements.
Florida businesses must obtain the proper food and beverage permits from the Florida Department of Agriculture and Consumer Services (FDACS). These permits govern your product from the manufacturing stage through retail distribution.
A common and costly mistake is assuming that “hemp-derived” means unregulated. Failing to secure the right permits or meet state packaging rules can result in sudden product seizures and heavy fines.
How do I protect my cannabis brand name and logo from copycats?
Start with cannabis trademark registration at the state level. The U.S. Patent and Trademark Office (USPTO) denies federal trademarks for marijuana products but may approve marks for compliant hemp products meeting federal THC limits. State-level registration becomes your primary tool for hemp brand IP protection.
State registrations give your business legal standing to enforce your brand within your operating market. The rules around cannabis trademark registration vary by state and continue to evolve.
One of the most expensive mistakes a brand can make is launching and paying for packaging and marketing without a proper legal clearance search. This often leads to forced rebranding and trademark infringement lawsuits.
What are the rules for labeling and marketing THC or CBD products?
Both state and federal law impose strict rules on how you label and market THC and CBD products. Your hemp or cannabis packaging must meet Florida hemp labeling requirements, which include:
- Specific health warnings required by state law
- Accurate cannabinoid profiles
- QR codes linking to Certificates of Analysis (COAs)
Making unapproved medical or health claims in your marketing is a major FDA red flag that triggers enforcement letters and serious penalties. We review labels and advertising materials before launch to catch these issues early. This step protects your business from costly enforcement actions.
Operating In The Cannabis Or Hemp Space?
Regulations move fast. Call 305-763-8539 or reach out through our contact form. Use this link to schedule a consultation.